Health and Safety / Corporate Manslaughter – Q2 & Q3 2024

This health & safety and corporate manslaughter update provides a summary of news stories in the period April 2024 – September 2024.
 

APRIL
 

Death of Heathrow Employee results in fine

The death of an employee of London Heathrow Airport whilst unloading baggage containers has resulted in a £160,000 fine.

The tragic incident occurred on 23 February 2022, involving a worker from Dnata Limited, a provider of ground handling and cargo services. While unloading an Emirates Airbus A380 at Terminal 3, the worker was crushed by a high-loader, a scissor lift used to lower baggage containers, when its operator inadvertently lowered the platform, obscured by poor visibility.

The HSE investigation revealed significant safety lapses. Dnata's high-loaders lacked engineering controls, such as sensors, to detect personnel under raised platforms. Additionally, there were no mandatory communication systems to confirm safe lowering of platforms. A defective spindle locking mechanism on the baggage trailer used by the employee was reported two weeks prior but had not been repaired or removed from service, prompting the worker to reposition himself.

Dnata Limited pleaded guilty to breaches of Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £160,000 and ordered to pay £6,494.25 in costs at Westminster Magistrates’ Court on 17 April 2024.

 

Agricultural Company Penalised for Numerous Health and Safety Violations

Seymour Stevens Limited, a beef and arable farm in Faversham, Kent, has been fined for multiple health and safety violations. A November 2022 site visit by the HSE revealed one barn, structurally unsound and known to the company, remained in use despite significant electrical faults. Another shed had a roof inadequately secured with a straw bale and deteriorating roof sheeting. Bull pens were in disrepair, leading to an incident where a bull escaped and was returned by police.

The company had previously declined an invitation to a "Preparing for Inspection" course. Seymour Stevens Limited pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £12,000 with an additional £4,830 in costs at Maidstone Magistrates’ Court on 24 April 2024.

 

Housing company fined over £500,000 following worker burn injuries

A Kent-based housing company, MHS Homes, has been fined £528,000 after an employee sustained facial burns while repairing a fence post and inadvertently striking an underground cable.

On 10 January 2023, the MHS Homes employee and a colleague were assigned to repair three fence posts in a tenant's garden. While working on the third post, one of the workers struck an underground electrical cable while using a breaker to penetrate concrete.

The HSE investigation revealed that MHS Homes frequently carried out ground excavations but failed to provide employees with information about the location of underground services or the proper tools for safe excavation. Whilst the company had identified the risk of underground services in a 2017 risk assessment, it was found that it had not taken appropriate measures to mitigate this risk.

During the incident, the workers were digging near both an electrical cable and a gas pipe, found to have significantly increased the risk of fire, explosion, and potential fatalities for both employees and the public.

MHS Homes pleaded guilty to breaching Regulation 16(2) and Regulation 25(4) of The Construction (Design and Management) Regulations 2015. The company was fined £528,000 and ordered to pay £4,122 in costs following a sentencing hearing on 24 April 2024.

 

MAY
 

Recycling Company Fined £1.2m Following Worker Injury from Wagon Collision

A Yorkshire metals recycling company, CF Booth Limited, has been fined £1.2 million following an incident where a worker was struck by a 32-tonne skip wagon at their Rotherham processing site. The accident occurred on 10 August 2020 when an employee, not wearing a hi-vis jacket, was crossing the site yard. The wagon driver, preoccupied with manoeuvring around low-level skips, did not see the employee before the collision. The worker sustained a fractured skull and collarbone but has since fully recovered.

A subsequent investigation by the HSE revealed significant safety lapses at the site. The yard was not organised to ensure the safe movement of pedestrians and vehicles, and there was no adequate workplace transport risk assessment in place. The company failed to implement necessary control measures such as physical barriers and designated crossing points, which could have prevented the accident.

The court heard that CF Booth Limited breached Section 2 of the Health and Safety at Work Act 1974. At Sheffield Magistrates’ Court, the company pleaded guilty and was fined £1.2 million, in addition to paying £5,694.85 in costs.

 

Individuals and company sentenced after mother catapulted from fairground ride

Three individuals and a company have been sentenced following a fairground accident in Hillingdon, London, which left a mother-of-eight severely injured. Khadra Ali, who was 45 at the time, suffered multiple fractures, internal bleeding, and a significant head injury after being ejected from the Xcelerator ride at Funderpark funfair in April 2018. Ali spent four months in the hospital, including several weeks in a coma, and is now unable to perform daily activities with her children.

The HSE investigation revealed that the ride's seat restraint system, designed by Perrin Stevens Limited, had critical electrical and mechanical failures. It was found that the ride's owner, Derek Hackett, failed to maintain the ride properly, partly due to inadequate guidance from Perrin Stevens’ manual. Additionally, the ride operator did not ensure all restraints were secured and was operating without an assistant, as required.

The case revealed that DMG Technical Ltd, responsible for the ride's annual inspections, did not identify these issues. Director David Geary had signed off the ride despite its faults.

At the sentencing hearing in Westminster Magistrates’ Court on 7 May 2024:

• Perrin Stevens pleaded guilty to the company’s offence under s.6(1)(a) and (d) of the Health and Safety at Work etc. Act 1974 being attributable to his consent, connivance and/or neglect (contrary to Section 33(1)(a) by virtue of Section 37(1) of the Act). Mr Stevens was handed a custodial sentence of 32 weeks, suspended for 18 months, and ordered to complete 150 hours of unpaid work and pay £11,444 in costs.
• Derek Hackett pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He was given a custodial sentence of 18 weeks, suspended for 18 months, and ordered to pay £4,800 in costs.
• DMG Technical Ltd, of Wenlock Road, Hackney, London, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. The company was fined £51,000 and ordered to pay £30,000 in costs.
• David Geary pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974. He also pleaded guilty as director of DMG Technical Ltd that their offence as attributable to his consent, connivance and/or neglect, whereby he was guilty of an offence contrary to Section 33(1)(a) by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was handed a custodial sentence of 44 weeks, suspended for 18 months, and ordered to pay £24,000 in costs.

 

Recycling Company Penalised for Exposing Workers to Wood Dust

The HSE has found that Esken Renewables Limited endangered the long-term health of workers at its wood waste recycling center in Middlesbrough due to excessive exposure to wood dust. Esken Renewables, which converts mixed wood waste into biofuel, was found to have inadequately controlled wood dust exposure on-site. This dust, particularly from softwood and hardwood, is hazardous, with potential to cause asthma and nasal cancer.

An HSE inspector visited the site in April 2022 following concerns about wood dust spreading to surrounding areas. The inspector provided Esken Renewables with detailed evidence of the dust exposure risks to staff, urging the company to take appropriate measures. Although the company responded, attributing part of the dust spread to recent storms, the investigation revealed insufficient controls to protect employees.

The HSE highlighted the need for effective measures such as local exhaust ventilation, machinery enclosures, and vacuum systems for cleaning. These steps are crucial to minimising the emission and spread of wood dust. Esken Renewables fell short of the expected safety standards.

At Teesside Magistrates' Court on 23 May 2024, Esken Renewables pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 2002. The company was fined £160,000 and ordered to pay £5,310.35 in costs.

 

HSE issues MoD (Army) with Crown Censure following death of soldier

The HSE has issued the Ministry of Defence (MoD) a Crown Censure following the death of Private Conor McPherson during a training exercise on 22 August 2016. McPherson, 24, of the Black Watch, 3rd Battalion, the Royal Regiment of Scotland, was fatally shot in the back of the head by a fellow soldier at the Heely Dod firing range in Otterburn, Northumberland.

The HSE investigation found that the MoD failed to implement a safe system of work. Planning and conducting the exercise were poorly managed, and mandatory planning meetings were inadequately attended. Written instructions for the exercise were flawed and not followed as planned. Furthermore, the exercise lacked adequate supervision, particularly given the soldiers’ inexperience with night-time firing.

The investigation revealed that mandated safety tasks for night-time exercises were not performed and some soldiers used incorrect and unauthorised night vision equipment. Inexperienced officers were not properly mentored or supervised for such a complex activity.

By accepting the Crown Censure, the MoD (Army) admitted breaching Section 2(1) of the Health and Safety at Work Act 1974 and Regulation 5 of the Management of Health and Safety at Work Regulations 1999.

 

JUNE
 

£2.345m fine for construction company following drowning of employee

BAM Nuttall Ltd, a construction company, has been fined following the death of worker Gary Webster, who drowned in the River Aire on 30 October 2017. Webster and a colleague were on a boat removing debris from Knostrop Weir when their boat capsized due to turbulent water flow over the weir. Despite efforts Webster, aged 60, was repeatedly submerged and recovered by a diver 14 minutes later. He was pronounced dead on 1 November 2017 at Leeds General Infirmary. The other worker swam to safety.

An investigation by HSE revealed that BAM Nuttall Ltd had trained personnel authorised to control the weir gates to slow water flow, allowing safe debris removal. However the company had failed to implement these safety measures. Consequently BAM Nuttall Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. They were fined £2.345 million and ordered to pay £25,770.48 in costs at Leeds Magistrates' Court on 12 June 2024.

 

Livestock Auctioneers Fined After 75-Year-Old Man Killed by Cow

A company has been fined after 75-year-old Huw Evans was killed by a cow that escaped from a livestock market in Wales. On 19 November 2022, Evans was knocked down and trampled by the cow, which had escaped while being unloaded into a pen at Whitland Livestock Market, operated by J.J. Morris Limited. The cow headed towards Whitland, Carmarthenshire, where Evans, crossing a junction, was attacked. He suffered multiple injuries and died six days later in the University Hospital of Wales.

A J.J. Morris Limited worker was injured attempting to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being put down by Dyfed-Powys Police. An HSE investigation revealed that J.J. Morris Limited failed to implement basic control measures to prevent cattle escapes, and their risk assessment was inadequate, referencing non-existent control measures.

J.J. Morris Limited, based in Haverfordwest, Pembrokeshire, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. They were fined £75,000 and ordered to pay £5,047.55 in costs by Llanelli Magistrates’ Court on 20 June 2024.

 

Openreach Fined After Engineer's Death

Openreach Limited has been fined £1.34 million following the death of engineer Alun Owen, who died while repairing a telephone line. Owen, 32, from Bethesda, slipped and fell into the River Aber in Abergwyngregyn on 6 October 2020, and was swept away by the fast-flowing water due to flooding in the area.

An investigation HSE and North Wales Police revealed that Openreach engineers had been working near and in the river for two months to repair telephone lines. At the time of the incident, Owen was attempting to throw a new telephone cable across the river by taping it to a hammer and throwing it. He slipped in a deeper part of the river and was carried away by the current.

The investigation found that Openreach had not established a safe system for working on or near water, nor had they provided training or instructions on safe practices in such environments.

Openreach Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. Besides the fine, they were ordered to pay £15,858.35 in costs at Llandudno Magistrates’ Court on 5 June 2024.

 

JULY
 

HSE Annual Summary of Work-related fatal injuries in Great Britain

The HSE reported that in 2023/24, 138 workers in Great Britain were killed in work-related accidents. The highest number of fatalities occurred in the construction sector, accounting for 51 deaths, followed by agriculture, forestry, and fishing with 23 fatalities. Falls from height, the most common cause of fatalities, were responsible for 50 deaths. Other significant causes included being struck by moving vehicles (25 fatalities) and moving objects (20 fatalities).

Long-term data shows a significant decline in work-related fatalities over the decades, but the fatality rate has remained relatively stable in recent years, returning to pre-pandemic levels. Additionally, 87 members of the public died in work-related incidents during the same period.

 

Serious accident at steel welding plant leads to fine for company and director

Code-A-Weld (Great Yarmouth) Ltd (“Code-A-Weld”) and its director were fined after an employee suffered life-threatening injuries while manufacturing large steel cable drums.

On 19 November 2022, an employee was severely injured after the jacking setup failed during the fabrication of a seven-tonne steel drum. The worker sustained life-threatening injuries, including skull fractures and loss of vision in one eye, requiring emergency surgery.

An HSE investigation revealed multiple safety failings. Code-A-Weld had never fabricated drums of this size before and it was found that the company had failed to assess the risks involved, did not implement proper safety systems for welding in confined spaces or provide adequate training. Despite previous warnings, the company did not plan or account for the jacking process, which the HSE found could have prevented the incident.

On 5 July 2024, Chelmsford Magistrates’ Court fined Code-A-Weld £24,000 and ordered the company to pay £3,500 in costs for breaching section 2(1) of the Health and Safety at Work etc. Act 1974 (“HSWA”). The director was fined £2,000 for breaching Section 37(1) HSWA and ordered to pay £1,500 in costs.

 

HSE issues major accident warning to offshore oil and gas firms

In July of this year the HSE urged offshore oil and gas companies to strengthen their focus on human factors in safety-critical tasks to prevent major incidents. HSE identified failures in several firms, including Apache North Sea Limited (“Apache”), which was issued an improvement notice for its Forties Delta platform in the North Sea.

Inspectors found Apache had not sufficiently mitigated risks related to the uncontrolled release of flammable substances during oil line operations. The notice highlighted Apache's failure to implement Safety Critical Task Analysis, a key process in ensuring operational safety and reliability. Apache has been given until 9 November 2024 to comply with the Improvement Notice.

 

Recycling company fined £3 million after a worker died and another seriously injured

Veolia ES (UK) Limited (“Veolia”) has been fined £3 million following a fatal incident at a decommissioning site in Great Yarmouth, where one worker died and another was seriously injured.

On 17 October 2019, two demolition operatives were involved in dismantling operations at an onshore facility for decommissioning a North Sea gas rig. The workers were attempting to remove a metal pipework segment, known as a skirt pile, weighing over 27 tonnes from a supporting structure. The skirt pile unexpectedly collapsed and struck the mobile elevating work platform they were on, causing a fall from approximately 12 meters.

An investigation by the HSE found significant deficiencies in the planning and risk assessment of the decommissioning activities. It was found that the risks associated with the skirt pile removal were underestimated, leading to inadequate safety measures. No specific cutting plan or safe system of work was established for handling the skirt pile, contributing to the tragic outcome.

Veolia pleaded guilty to failing to meet the safety requirements pursuant to section 2(1) of the Health and Safety at Work etc. Act 1974. At Ipswich Crown Court on 22 July 2024 Veolia was fined £3 million, and ordered to pay prosecution costs of £60,000.

 

AUGUST
 

Logistics firm fined £1 million after employee suffers serious injuries

A logistics company, trading as DP World Southampton, was fined £1 million following an incident where an employee sustained severe injuries from a fall.

On 20 September 2022, an employee fell 11 meters through an open hole in the driver’s cab of a straddle carrier at DP World Southampton’s terminal. The fall occurred during a routine maintenance operation, where the employee unsuspectingly stepped into an unsecured area where a glass floor had been removed for replacement, resulting in the fall onto a concrete surface below.

The HSE investigation revealed that there was a significant lack of a safe work system at the terminal. The company failed to ensure that floor replacement and routine maintenance could be conducted safely and concurrently. Additionally, it was found that there was no effective risk assessment in place and the company did not enforce its permit-to-work policy, which was crucial for such high-risk activities.

The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974. This section mandates the provision of safe working conditions to prevent workplace accidents and injuries. On 2 August 2024 at Southampton Magistrates’ Court the company was fined £1 million and ordered to pay additional costs of £11,664.59.

 

Multinational food company fined £360,000 after worker loses fingers

Kerry Ingredients (UK) Limited has been fined £360,000 following a severe workplace accident where a worker lost four fingers while operating machinery at their Glasgow facility.

On 4 August 2021, a 39-year-old employee at Kerry Ingredients’ factory in Glasgow, suffered the amputation of four fingers on his right hand. The incident occurred while he was attempting to clear a blockage in a mixer used to manufacture dry seasoning blends. Unfortunately, during the process, his hand came into contact with the machine's rotating blades.

An investigation by the HSE found significant safety lapses at the facility. It was determined that the mixer lacked fixed guards to prevent access to the blades, and there were no interlocked guards to halt the machine's operation when parts were exposed or removed.

Kerry Ingredients (UK) Limited faced charges under regulations 11(1) and (2) of The Provision and Use of Work Equipment Regulations 1988, along with section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company entered a guilty plea on 26 July 2024 and on 8 August 2024 was fined £360,000.

 

SEPTEMBER
 

Grenfell Tower Phase 2 report is published

On 4 September 2024 the Grenfell Tower Inquiry Phase 2 Report was published. It focuses on the systemic failures that contributed to the 2017 fire, investigating the refurbishment of the tower, management oversight, and the roles of contractors and authorities. The report reveals significant shortcomings in the installation of highly combustible cladding, widespread regulatory failings, and a lack of fire safety management.

Recommendations

The report outlines a series of crucial recommendations, including:

• Stricter regulations on building materials, particularly cladding and insulation.
• Comprehensive risk assessments and fire safety protocols for all high-rise buildings.
• Improved training for fire services on managing high-rise cladding fires.
• Strengthened governance and accountability for building managers and contractors.

 

National Grid fined £3.2 million after pylon worker suffers life-changing injuries

National Grid Electricity Distribution (South Wales) Plc (“National Grid”) and 4 Power Ltd were sentenced to a substantial fine following a serious incident where a worker sustained life-changing injuries due to an electric shock while working on a pylon in South Wales.

The incident occurred at Treforest Industrial Estate in Pontypridd on 3 December 2020. A worker was engaged in replacing step bolts on a pylon when he came into contact with 33,000 volts of electricity. The shock resulted in extensive burns covering 40 percent of his body. This accident necessitated multiple surgeries and a prolonged period of intensive care, significantly altering the individual’s life and capabilities.

An investigation by the HSE found that 4 Power Ltd, a subcontractor, failed to conduct a proper risk assessment and work planning. This was found to have resulted in critical safety checks being missed, such as ensuring adequate distance from live electrical components. National Grid also failed in their duty to ensure that the electrical supply was safely isolated before allowing work on the pylon to commence.

At Cardiff Crown Court both companies admitted to breaches of relevant health and safety legislation involving inadequate risk management and safety protocols. 4 Power Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 while National Grid accepted it had breached Regulation 14 of the Electricity at Work Regulations 1989.

4 Power Ltd was fined £80,000 and ordered to pay £14,123 in costs. National Grid was fined £3.2 million and required to pay an additional £20,460 in costs.

 

‘Lampard Inquiry’ into mental health treatment in Essex commences

The Lampard Inquiry, a statutory inquiry under the Inquiries Act 2005, into the deaths of over 2,000 mental health patients in Essex NHS Trusts, began its public hearings on 9 September 2024.

Following the expression of concerns regarding the standards of care in Essex NHS Trusts' mental health services, an independent non-statutory inquiry was established in 2021. This subsequently faced significant challenges due to poor witness participation and so, in response, a statutory inquiry was announced in June 2023. Baroness Kate Lampard is the appointed Chair and the inquiry will investigate the circumstances surrounding relevant deaths between 2000 and 2023. The Inquiry will look at systems, controls and governance within the Trusts.

The Terms of Reference, published on 10 April 2024, confirmed that the Inquiry’s remit will include:

1. Serious failings in care delivery.
2. Patient involvement in care decisions.
3. The involvement of families, carers, or support networks in care, including post-death engagement.
4. Issues relating to physical and sexual safety in inpatient units.
5. The behavior, actions, and practices of permanent, temporary, and agency staff.
6. Staffing practices, training, working conditions, and staff support.
7. Leadership actions and behaviours regarding inpatient care.
8. Governance and culture within the trusts.
9. The quality of investigations conducted or commissioned by the trusts.
10. The quality, timeliness, and openness of responses to concerns, complaints, whistleblowing, and inspections.
11. Interaction between the trusts and other public bodies such as regulators and coroners.

The first phase of hearings took place between 9 to 24 September at Chelmsford Civic Centre. These sessions included opening statements from the Chair, Counsel to the Inquiry, and legal representatives of the families, as well as impact evidence from families and former patients.

 

Terrorism (Protection of Premises) Bill considered by Parliament

The Terrorism (Protection of Premises) Bill, also known as Martyn’s Law, was introduced to the UK Parliament on 12 September 2024. This follows one of the recommendations arising out of the Manchester Arena Inquiry, and is named in honour of Martyn Hett, one of the victims. The Bill aims to boost security at public venues and events by imposing tiered obligations based on their size and type, ensuring better preparedness against terrorist threats.

Standard Duty – venues with a capacity of 100 to 799 people.

• Required to implement basic, low-cost security measures, such as training staff on emergency procedures like evacuations or lockdowns, and developing response plans in case of an attack.
• The focus is on enhancing preparedness and improving staff responses without imposing significant financial burdens.

Enhanced Duty – larger venues with 800 or more attendees.

• Must take more comprehensive security steps, including conducting risk assessments and implementing physical protection measures, such as monitoring systems, to reduce vulnerability.
• These venues are also required to submit documentation to the Security Industry Authority, detailing their public protection procedures and how they plan to mitigate terrorist risks.

The Security Industry Authority will oversee compliance, with powers to inspect venues and issue penalties for non-compliance. Exemptions include places of worship and schools, which are classified under the standard tier regardless of size due to their unique nature.

The Bill reflects a shift from the previous voluntary system of security cooperation between private venues and the police to a mandatory framework, ensuring that all relevant premises actively take steps to protect the public.

 

Construction Company is fined £150,000 after homeowner dies falling through uncovered hole during renovations

Cooper and Westgate Co. Ltd, a construction company, has been fined following an incident where an elderly man died after falling through a hole left unguarded during home renovations.

On 8 February 2019 an 81-year-old man fell through an exposed hole in his bathroom floor that had been left unguarded by workers from Cooper and Westgate. The company had been converting his bathroom into a wet room at his residence in York and the hole had been left exposed after the floorboards were removed to access the underlying pipework.

An HSE investigation revealed that Cooper and Westgate had failed to implement necessary safety measures. The HSE stated that the company had not secured the hole, conducted a proper risk assessment, or provided a method statement for the renovation work. Additionally, the HSE said the investigation revealed a lack of adequate training for employees involved in the project.

On 17 September 2024 at Leeds Magistrates’ Court Cooper and Westgate was found guilty of violating sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. These sections mandate that employers ensure the safety of their employees and others potentially affected by their work. The company was fined £150,000 and additionally ordered to pay £50,000 in costs.

 

Further Information 

Our multi-disciplinary team covers every aspect of health and safety regulation, along internal and criminal investigations and reputation management. We work with individuals and organisations across all sectors, but also have specialist expertise in the fields of construction and the built environment, leisure and hospitality.

So whatever your challenge, and whatever your industry, we can help you to every step of the way. Please contact our Health, Safety and Environment team or visit our page to find out more information about our services.

About the Authors

Sophie Wood is a Legal Director in the Criminal Litigation team with extensive experience in advising corporate and individual clients involved in a wide range of internal, criminal and regulatory investigations. Sophie has acted for individuals and companies involved in investigations brought by the Environment Agency, Health and Safety Executive and local authorities, and is a member of the firm’s cross-practice Health, Safety and Environment Group.

Antonia Szapary joined Kingsley Napley in September 2023 as a Trainee Solicitor and is currently completing her third seat with the criminal litigation team. Antonia is assisting with matters including criminal defence and police investigations, white collar and financial crime, international crime and extradition, and internal corporate investigations.